Tag Archives: Return to work

controversial-workcover

Return to work underminded by adversarial workcover NSW

According to its chief executive, getting rid of adversarial relationships that undermine an injured worker’s ability to return to work from the workcover system remains a “big challenge” for the NSW workers’ comp regulator.

The State Insurance Regulatory Authority (SIRA) is focusing on influencing behaviour and culture in the workers’ comp “ecosystem” instead of on compliance and legislation alone, with the latter being “necessary but not sufficient” to achieve more desirable results, according to Carmel Donnelly.

Speaking at the recent 19th annual National Workers’ Compensation Summit in Sydney , she says a “challenging and confronting fact” in injury management is that “people who access injury compensation schemes may in fact have worse outcomes than if they haven’t been entitled to compensation”.

“If you were treated with care and dignify [within a scheme], and that was your perception, you’re more likely to return to work,” Donnelly says.

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return-to-work-cartoon

Return to work plans & Dispute resolution

We have blogged about return to work plans numerous times, but a general summary may be of use. The essence of this post is that return to work plans that are staged and developed together with the injured worker give injured workers a greater chance to return to work, quickly and safely and in a durable manner. This article also covers the VIC return to work dispute process (dedicated to ‘Porsche47’).

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return-to-work-plan return-to-work-cartoon

Return to work – don’t let your employer talk you into RTW too soon

One of the  most frustrating things about workplace injuries is that injured workers’ employers’ interests (and those of the insurer of course) are very often at odds with the injured worker’s interests. A common example, your employer would like you to return to work as soon as possible. If you’re injured, it’s in your best interest to wait until you are healed and physically (or mentally) ready to handle your job demands. Or else, you could get injured again or never make a full recovery.

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return-to-work-but-not-ready medical-assessment-injured-workers

Employer right to direct injured worker to undergo medical assessment

The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!

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painkillers-and-workcover-study RTW-plan-must-be-in-consultation-with-injured-worker-and-doctor reality-check-suitable-work

Possibility of realistic suitable employment was, at best, theoretical – Vic Court

Further to our article “Alternative jobs for injured workers unrealistic” and the practice of “dodgy” rehabbers proposing bizarre “suitable/alternative work” to injured workers, here is another legal case have where a court has found the proposed alternative occupation for an injured worker to be unrealistic.

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injured-worker-reinstatement

Injured workers in NSW can be reinstated within 2 years of termination

Did you know that in NSW an injured worker who has been terminated because of his injury can seek reinstatement when the (injured) worker becomes fit for employment (even with some restrictions) within 2 years of the termination.

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